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Exemption Criteria

  • Rachel
  • Topic Author
13 years 8 months ago #22710 by Rachel
Exemption Criteria was created by Rachel
I'm confirmed Primary Progressive Multiple Sclerosis and go to appeal against being placed in the WRAG at end July.

Having a serious degenerative condition with no remission or treatment and increasing disability, I believe my GP should have received the IB-DL/S.

I was instead sent the IB50 and attended 2 medicals, one of which placed me in the WRAG and miscalculated the points scored so that I was not exempted. The second medical stated I would be fit for work within 6 months.

I am considering writing to the decision maker tomorrow after finally making sure my GP did not send off the IB113 and using the proforma letter suggested. My prime concern is to avoid the stress of the tribunal and preparation therefor.

I would be grateful for any ideas.

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13 years 8 months ago #22723 by Steve Donnison
Replied by Steve Donnison on topic Re:Exemption Criteria
Hi Rachel,

Could you just clarify a few things before we attempt to answer?

Are you applying for ESA or or IB?

And what are the grounds you are aiming to be exempted under.

Thanks,

Steve

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Rachel
  • Topic Author
13 years 8 months ago #22740 by Rachel
Replied by Rachel on topic Re:ESA Exemption Criteria
I applied for ESA last year and was granted it but placed in the work related activity group.

I used B&W guides when applying and believed I had obtained sufficient points in fact more than sufficient for me to qualify for exemption under the "special" criteria, i.e. bowel continence.

I made sure I scored sufficiently to qualify under other criteria. The points were simply added up wrongly by the ATos doctor.

When I received a copy of the medic's report, the scoring was arithmetically incorrect. I was placed in the WRAG and have attended all interviews.

When I went back to your guidance to prepare for appeal, and looked at the guidance to Decision Makers under my condition (Primary Progressive Multiple Sclerosis)it appears to me that they are instructed to send a form to the GP rather than sending a questionnaire to myself.

If I am correct, then it may be necessary to delay the appeal pending receipt of further evidence.

One of the points that I am trying to make is that attending the WRAG places me at risk (in several ways)because of my condition.

My conditionn is changing and it is worsened by attending the WRAG.

My condition chronic and degenerating, not so far treatable and I will not recover, but the second medic's report stated I would be fit for work in 6 months.

I am feeling a bit rusty when going back to this grim topic,but will get back to speed quickly.

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  • Rachel
  • Topic Author
13 years 8 months ago #22769 by Rachel
Replied by Rachel on topic Re:ESA Exemption Criteria
To add to the above, at the time of the medical I believed I would be placed in the support group because I fitted the descriptor 5 Substantial Risk and this has been highlighted by my GP in a letter to the DWP.

I also applied the continence descriptoras 6(A)but the medic didn't seem to want to discuss this, beyond asking if I used a pad.

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